VAIBHAVI D. NANAVATI
Dipsang Mangaji Makwana – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Heard Mr. Yatin Soni, learned advocate appearing for the petitioners and Ms. Pooja Ashar, learned Assistant Government Pleader appearing for the respondents-State.
2. By way of the present petition, petitioners herein seek directions upon the respondent authorities to regularize the services of the petitioners following the length of service of the petitioners as per the decision of the Hon’ble Apex Court in the case of State of Gujarat & Ors. v/s. PWD Employees Union & Ors. ETC. reported in 2013(8) Scale 579, which is duly produced at Page-61.
3. In light of the aforesaid position of law as laid down by the Hon’ble Apex Court, the order passed in Special Civil Application No. 11297 of 2016 dated 02.08.2016 and duly confirmed in Letters Patent Appeal No. 1268 of 2017 vide order dated 18.06.2018, whereby, the directions were issued to consider the case of the petitioners, in accordance with the government resolution dated 17.10.1988 and it was also further directed that such benefits could not be denied to the petitioners only on the ground that the petitioners have not worked 240 days. The petitioners herein also seek parity with the order passed in Special Civil Applicatio
Bharatiya Seva Samaj Trust versus Yogeshbhai Ambalal Patel and Another reported in (2012) 9 SCC 310
Raghavendra Rao and Others versus State of Karnataka and Others reported in (2009) 4 SCC 635
State of Gujarat & Ors. v/s. PWD Employees Union & Ors. ETC. reported in 2013(8) Scale 579
State of Gujarat vs. P.W.D. Employees Union [2013 (8) SCALE 579]
Daily wage workers with over five years of service are entitled to benefits under the government resolution, irrespective of the 240 days work requirement.
The court established that continuity of service recognized by a Labour Court must be considered for granting benefits under government resolutions for daily wage workers.
The court established that continuity of service recognized by the Labour Court is essential for granting benefits under government resolutions for daily wage workers.
A piece-rate worker is entitled to the same benefits as daily wagers under Government Resolution 17.10.1988, highlighting the necessity of equitable treatment in employment rights.
The Government Resolution dated 17.10.1988 applies to all departments in the State of Gujarat, and the concerned respondent authority is directed to pay all consequential benefits to the petitioner w....
Labour Law – Daily wager worker - Grant of pay revision - Daily wage workers and semi skilled who have completed more than 15 years of their service will get one increment, two increments for 20 year....
Piece-rate workers are entitled to benefits under the Government Resolution 17.10.1988 as they fall within the definition of wages under the Industrial Disputes Act.
All those persons who would be entitled to regularisation/permanent status prior to April 01, 2005 shall be given the benefit of earlier scheme i.e. GPF. However, those who attain this status after A....
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